When asbestos removal goes wrong: what every business must know

Did you know asbestos still lurks in thousands of UK buildings built before the year 2000? Once valued for its insulation properties, asbestos was banned in 1999 due to the severe health risks it poses when disturbed. Yet many business owners still don’t realise the legal and safety responsibilities they face.

When asbestos fibres become airborne, they can be inhaled or attach to fabrics—causing long-term, often fatal, health conditions. Therefore, it is vital that asbestos is removed by a licenced contractor. Here’s why you need to act before it’s too late.

An Incident That Could Have Been Avoided

Gavin Mutch, a contract builder, was fined for failing to appoint a licensed asbestos contractor during renovation works at a property in Cheadle, Manchester. The works included significant roofing and structural changes.

Despite concerns raised by the property’s owners about the presence of asbestos, Mr Mutch continued the project without following the correct safety procedures.

Following an investigation by the Health and Safety Executive (HSE), Mr Mutch pleaded guilty to breaching Regulation 3(2) of the Health and Safety at Work Act 1974. He was sentenced at Manchester Magistrates’ Court on 8 April 2025 to a 12-month Community Order, 180 hours of unpaid work, and ordered to pay £2,000 in costs.

Why Having Proper Control Measures Matters

Asbestos exposure is one of the leading causes of occupational death in the UK, killing nearly 5,000 people each year—68% more than the number of people killed in road traffic accidents.

The risk is particularly high in buildings constructed before 2000. While many owners have taken steps to remove asbestos, around 1.5 million commercial properties across the UK may still contain it.

If not correctly managed, asbestos can deteriorate over time or become disturbed through maintenance work, releasing microscopic fibres into the air. Even untouched asbestos can eventually degrade and pose a threat.

Inhalation of asbestos fibres can cause severe and often fatal diseases, including:

• Mesothelioma: A cancer affecting the lungs and lower digestive tract, almost exclusively caused by asbestos exposure. It is usually fatal.
• Asbestos-related lung cancer: Similar in symptoms to other lung cancers, but caused by fibre exposure.
• Asbestosis: Long-term heavy exposure leads to scarring of the lungs, causing severe breathing difficulties and, in many cases, death.
• Pleural thickening: Caused by prolonged exposure, it results in swelling and thickening of the lung lining, often leading to chest pain and shortness of breath.

Under the Control of Asbestos Regulations 2012, duty holders must ensure they effectively manage asbestos in buildings. Failure to do so is not only a legal violation but a serious breach of moral responsibility to protect staff, visitors, and contractors.

What Businesses Must Do to Stay Compliant

To avoid putting lives at risk and facing legal consequences, follow these essential steps:

• Determine if your building contains asbestos
  If your premises were built or refurbished before 2000, there’s a strong chance asbestos may be present. The duty holder should check the asbestos register and determine if an inspection is needed.
• Commission an asbestos survey
  Hire a qualified, competent surveyor to identify all asbestos-containing materials (ACMs), which may be hidden within structural elements, walls, ceilings, or fire doors.
• Create an asbestos register and assess the risks
  Use survey data to establish a live, up-to-date register documenting the location, condition, and quantity of ACMs. This will help monitor and manage risks effectively.
• Develop and monitor an asbestos management plan
  A comprehensive plan should outline who is responsible for managing asbestos, how often inspections will occur, and what to do in case of accidental disturbance.

Asbestos may be banned, but it’s far from gone. Businesses operating in older buildings must not ignore the risks or their legal obligations.

Proper asbestos management is not just a box-ticking exercise—it’s a critical part of keeping people safe. Identify the risks, create a plan, and stay compliant. Lives depend on it.